1     
ENTICEMENT OF A MINOR AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ronald M. Winterton

5     
House Sponsor: Christine F. Watkins

6     

7     LONG TITLE
8     General Description:
9          This bill concerns the offense of enticement of a minor.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions concerning the offense of enticement of a minor; and
13          ▸     makes technical and conforming changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          52-4-103, as last amended by Laws of Utah 2022, Chapter 422
21          53-10-403, as last amended by Laws of Utah 2022, Chapters 116, 430
22          76-3-407, as last amended by Laws of Utah 2022, Chapter 185
23          76-4-401, as last amended by Laws of Utah 2022, Chapter 181
24          77-41-106, as last amended by Laws of Utah 2022, Chapters 185, 430
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 52-4-103 is amended to read:
28          52-4-103. Definitions.
29          As used in this chapter:

30          (1) "Anchor location" means the physical location from which:
31          (a) an electronic meeting originates; or
32          (b) the participants are connected.
33          (2) "Capitol hill complex" means the grounds and buildings within the area bounded by
34     300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
35     City.
36          (3) (a) "Convening" means the calling together of a public body by a person authorized
37     to do so for the express purpose of discussing or acting upon a subject over which that public
38     body has jurisdiction or advisory power.
39          (b) "Convening" does not include the initiation of a routine conversation between
40     members of a board of trustees of a large public transit district if the members involved in the
41     conversation do not, during the conversation, take a tentative or final vote on the matter that is
42     the subject of the conversation.
43          (4) "Electronic meeting" means a public meeting convened or conducted by means of a
44     conference using electronic communications.
45          (5) "Electronic message" means a communication transmitted electronically, including:
46          (a) electronic mail;
47          (b) instant messaging;
48          (c) electronic chat;
49          (d) text messaging, [as that term is defined in Section 76-4-401] which means a
50     communication in the form of electronic text or one or more electronic images sent by the actor
51     from a telephone, computer, or other electronic communication device to another person's
52     telephone, computer, or electronic communication device by addressing the communication to
53     the person's telephone number or other electronic communication access code or number; or
54          (e) any other method that conveys a message or facilitates communication
55     electronically.
56          (6) (a) "Meeting" means the convening of a public body or a specified body, with a
57     quorum present, including a workshop or an executive session, whether in person or by means

58     of electronic communications, for the purpose of discussing, receiving comments from the
59     public about, or acting upon a matter over which the public body or specific body has
60     jurisdiction or advisory power.
61          (b) "Meeting" does not mean:
62          (i) a chance gathering or social gathering;
63          (ii) a convening of the State Tax Commission to consider a confidential tax matter in
64     accordance with Section 59-1-405; or
65          (iii) a convening of a three-member board of trustees of a large public transit district as
66     defined in Section 17B-2a-802 if:
67          (A) the board members do not, during the conversation, take a tentative or final vote on
68     the matter that is the subject of the conversation; or
69          (B) the conversation pertains only to day-to-day management and operation of the
70     public transit district.
71          (c) "Meeting" does not mean the convening of a public body that has both legislative
72     and executive responsibilities if:
73          (i) no public funds are appropriated for expenditure during the time the public body is
74     convened; and
75          (ii) the public body is convened solely for the discussion or implementation of
76     administrative or operational matters:
77          (A) for which no formal action by the public body is required; or
78          (B) that would not come before the public body for discussion or action.
79          (7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
80     public statements of each member of the public body who is participating in a meeting.
81          (8) "Participate" means the ability to communicate with all of the members of a public
82     body, either verbally or electronically, so that each member of the public body can hear or
83     observe the communication.
84          (9) (a) "Public body" means:
85          (i) any administrative, advisory, executive, or legislative body of the state or its

86     political subdivisions that:
87          (A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
88          (B) consists of two or more persons;
89          (C) expends, disburses, or is supported in whole or in part by tax revenue; and
90          (D) is vested with the authority to make decisions regarding the public's business; or
91          (ii) any administrative, advisory, executive, or policymaking body of an association, as
92     that term is defined in Section 53G-7-1101, that:
93          (A) consists of two or more persons;
94          (B) expends, disburses, or is supported in whole or in part by dues paid by a public
95     school or whose employees participate in a benefit or program described in Title 49, Utah State
96     Retirement and Insurance Benefit Act; and
97          (C) is vested with authority to make decisions regarding the participation of a public
98     school or student in an interscholastic activity, as that term is defined in Section 53G-7-1101.
99          (b) "Public body" includes:
100          (i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in
101     Section 11-13-103;
102          (ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102;
103          (iii) the Utah Independent Redistricting Commission; and
104          (iv) a project entity, as that term is defined in Section 11-13-103.
105          (c) "Public body" does not include:
106          (i) a political party, a political group, or a political caucus;
107          (ii) a conference committee, a rules committee, or a sifting committee of the
108     Legislature;
109          (iii) a school community council or charter trust land council, as that term is defined in
110     Section 53G-7-1203;
111          (iv) a taxed interlocal entity, as that term is defined in Section 11-13-602, if the taxed
112     interlocal entity is not a project entity; or
113          (v) the following Legislative Management subcommittees, which are established in

114     Section 36-12-8, when meeting for the purpose of selecting or evaluating a candidate to
115     recommend for employment, except that the meeting in which a subcommittee votes to
116     recommend that a candidate be employed shall be subject to the provisions of this act:
117          (A) the Research and General Counsel Subcommittee;
118          (B) the Budget Subcommittee; and
119          (C) the Audit Subcommittee.
120          (10) "Public statement" means a statement made in the ordinary course of business of
121     the public body with the intent that all other members of the public body receive it.
122          (11) (a) "Quorum" means a simple majority of the membership of a public body, unless
123     otherwise defined by applicable law.
124          (b) "Quorum" does not include a meeting of two elected officials by themselves when
125     no action, either formal or informal, is taken.
126          (12) "Recording" means an audio, or an audio and video, record of the proceedings of a
127     meeting that can be used to review the proceedings of the meeting.
128          (13) "Specified body":
129          (a) means an administrative, advisory, executive, or legislative body that:
130          (i) is not a public body;
131          (ii) consists of three or more members; and
132          (iii) includes at least one member who is:
133          (A) a legislator; and
134          (B) officially appointed to the body by the president of the Senate, speaker of the
135     House of Representatives, or governor; and
136          (b) does not include a body listed in Subsection (9)(c)(ii) or (9)(c)(v).
137          (14) "Transmit" means to send, convey, or communicate an electronic message by
138     electronic means.
139          Section 2. Section 53-10-403 is amended to read:
140          53-10-403. DNA specimen analysis -- Application to offenders, including minors.
141          (1) Sections 53-10-403.6, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to

142     any person who:
143          (a) has pled guilty to or has been convicted of any of the offenses under Subsection
144     (2)(a) or (b) on or after July 1, 2002;
145          (b) has pled guilty to or has been convicted by any other state or by the United States
146     government of an offense which if committed in this state would be punishable as one or more
147     of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
148          (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
149     offense under Subsection (2)(c);
150          (d) has been booked:
151          (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
152     2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
153          (ii) on or after January 1, 2015, for any felony offense; or
154          (e) is a minor under Subsection (3).
155          (2) Offenses referred to in Subsection (1) are:
156          (a) any felony or class A misdemeanor under the Utah Code;
157          (b) any offense under Subsection (2)(a):
158          (i) for which the court enters a judgment for conviction to a lower degree of offense
159     under Section 76-3-402; or
160          (ii) regarding which the court allows the defendant to enter a plea in abeyance as
161     defined in Section 77-2a-1; or
162          (c) (i) any violent felony as defined in Section 53-10-403.5;
163          (ii) sale or use of body parts, Section 26-28-116;
164          (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
165          (iv) operating a motor vehicle with any amount of a controlled substance in an
166     individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
167     Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
168          (v) a felony violation of enticing a minor [over the Internet], Section 76-4-401;
169          (vi) negligently operating a vehicle resulting in injury, Subsection 76-5-102.1(2)(b);

170          (vii) a felony violation of propelling a substance or object at a correctional officer, a
171     peace officer, or an employee or a volunteer, including health care providers, Section
172     76-5-102.6;
173          (viii) negligently operating a vehicle resulting in death, Subsection 76-5-207(2)(b);
174          (ix) aggravated human trafficking, Section 76-5-310, and aggravated human
175     smuggling, Section 76-5-310.1;
176          (x) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
177          (xi) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
178          (xii) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
179          (xiii) sale of a child, Section 76-7-203;
180          (xiv) aggravated escape, Subsection 76-8-309(2);
181          (xv) a felony violation of assault on an elected official, Section 76-8-315;
182          (xvi) influencing, impeding, or retaliating against a judge or member of the Board of
183     Pardons and Parole, Section 76-8-316;
184          (xvii) advocating criminal syndicalism or sabotage, Section 76-8-902;
185          (xviii) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
186          (xix) a felony violation of sexual battery, Section 76-9-702.1;
187          (xx) a felony violation of lewdness involving a child, Section 76-9-702.5;
188          (xxi) a felony violation of abuse or desecration of a dead human body, Section
189     76-9-704;
190          (xxii) manufacture, possession, sale, or use of a weapon of mass destruction, Section
191     76-10-402;
192          (xxiii) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
193     Section 76-10-403;
194          (xxiv) possession of a concealed firearm in the commission of a violent felony,
195     Subsection 76-10-504(4);
196          (xxv) assault with the intent to commit bus hijacking with a dangerous weapon,
197     Subsection 76-10-1504(3);

198          (xxvi) commercial obstruction, Subsection 76-10-2402(2);
199          (xxvii) a felony violation of failure to register as a sex or kidnap offender, Section
200     77-41-107;
201          (xxviii) repeat violation of a protective order, Subsection 77-36-1.1(4); or
202          (xxix) violation of condition for release after arrest under Section 78B-7-802.
203          (3) A minor under Subsection (1) is a minor 14 years old or older who is adjudicated
204     by the juvenile court due to the commission of any offense described in Subsection (2), and
205     who:
206          (a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
207     court on or after July 1, 2002; or
208          (b) is in the legal custody of the Division of Juvenile Justice Services on or after July 1,
209     2002 for an offense under Subsection (2).
210          Section 3. Section 76-3-407 is amended to read:
211          76-3-407. Repeat and habitual sex offenders -- Additional prison term for prior
212     felony convictions.
213          (1) As used in this section:
214          (a) "Prior sexual offense" means:
215          (i) a felony offense described in Chapter 5, Part 4, Sexual Offenses;
216          (ii) sexual exploitation of a minor, Section 76-5b-201;
217          (iii) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
218          (iv) a felony offense of enticing a minor [over the Internet], Section 76-4-401;
219          (v) a felony attempt to commit an offense described in Subsections (1)(a)(i) through
220     (iv); or
221          (vi) an offense in another state, territory, or district of the United States that, if
222     committed in Utah, would constitute an offense described in Subsections (1)(a)(i) through (v).
223          (b) "Sexual offense" means:
224          (i) an offense that is a felony of the second or third degree, or an attempted offense,
225     which attempt is a felony of the second or third degree, described in Chapter 5, Part 4, Sexual

226     Offenses;
227          (ii) sexual exploitation of a minor, Section 76-5b-201;
228          (iii) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
229          (iv) a felony offense of enticing a minor [over the Internet], Section 76-4-401;
230          (v) a felony attempt to commit an offense described in Subsections (1)(b)(ii) through
231     (iv); or
232          (vi) an offense in another state, territory, or district of the United States that, if
233     committed in Utah, would constitute an offense described in Subsections (1)(b)(i) through (v).
234          (2) Notwithstanding any other provision of law, the maximum penalty for a sexual
235     offense is increased by five years for each conviction of the defendant for a prior sexual offense
236     that arose from a separate criminal episode, if the trier of fact finds that:
237          (a) the defendant was convicted of a prior sexual offense; and
238          (b) the defendant was convicted of the prior sexual offense described in Subsection
239     (2)(a) before the defendant was convicted of the sexual offense for which the defendant is
240     being sentenced.
241          (3) The increased maximum term described in Subsection (2) shall be in addition to,
242     and consecutive to, any other prison term served by the defendant.
243          Section 4. Section 76-4-401 is amended to read:
244          76-4-401. Enticing a minor -- Elements -- Penalties.
245          (1) (a) As used in this section:
246          [(a)] (i) "Minor" means [a person] an individual who is under [the age of] 18 years old.
247          (ii) "Electronic communication" means the same as that term is defined in Section
248     76-9-201.
249          (iii) "Electronic communication device" means the same as that term is defined in
250     Section 76-9-201.
251          [(b) "Text messaging" means a communication in the form of electronic text or one or
252     more electronic images sent by the actor from a telephone, computer, or other electronic
253     communication device to another person's telephone, computer, or other electronic

254     communication device by addressing the communication to the person's telephone number or
255     other electronic communication access code or number.]
256          (b) Terms defined in Section 76-1-101.5 apply to this section.
257          (2) [(a) A person] An actor commits enticement of a minor [when the person] if the
258     actor knowingly:
259          (a) uses [the Internet or text messaging] an electronic communication or an electronic
260     communication device to:
261          (i) solicit, seduce, lure, or entice a minor, or to attempt to solicit, seduce, lure, or
262     entice a minor, or another person that the actor believes to be a minor, to engage in [any]
263     sexual activity [which] that is a violation of state criminal law[.]; or
264          [(b) A person commits enticement of a minor when the person knowingly uses the
265     Internet or text messaging to:]
266          [(i)] (ii) (A) initiate contact with a minor or a person the actor believes to be a minor;
267     and
268          [(ii)] (B) [subsequently] subsequent to the action [under] described in Subsection
269     [(2)(b)(i)] (2)(a)(ii)(A), by any electronic or written means, solicits, seduces, lures, or entices,
270     or attempts to solicit, seduce, lure, or entice the minor or a person the actor believes to be the
271     minor to engage in [any] sexual activity [which] that is a violation of state criminal law[.]; or
272          (b) develops a relationship of trust with the minor or the minor's parent or guardian
273     with the intent to solicit, seduce, lure, or entice, or attempt to solicit, seduce, lure, or entice the
274     minor to engage in sexual activity that is a violation of state criminal law.
275          (3) It is not a defense to the crime of enticing a minor under Subsection (2), or an
276     attempt to commit this offense, that a law enforcement officer or an undercover operative who
277     is employed by a law enforcement agency was involved in the detection or investigation of the
278     offense.
279          (4) Enticement of a minor under Subsection [(2)(a) or (b)] (2) is punishable as follows:
280          (a) enticement to engage in sexual activity [which] that would be a first degree felony
281     for the actor is a:

282          (i) second degree felony upon the first conviction for violation of this Subsection
283     (4)(a); and
284          (ii) first degree felony punishable by imprisonment for an indeterminate term of not
285     fewer than three years and which may be for life, upon a second or any subsequent conviction
286     for a violation of this Subsection (4)(a);
287          (b) enticement to engage in sexual activity [which] that would be a second degree
288     felony for the actor is a third degree felony;
289          (c) enticement to engage in sexual activity [which] that would be a third degree felony
290     for the actor is a class A misdemeanor;
291          (d) enticement to engage in sexual activity [which] that would be a class A
292     misdemeanor for the actor is a class B misdemeanor; and
293          (e) enticement to engage in sexual activity [which] that would be a class B
294     misdemeanor for the actor is a class C misdemeanor.
295          (5) (a) When [a person] an actor who commits a felony violation of this section has
296     been previously convicted of an offense under Subsection (5)(b), the court may not in any way
297     shorten the prison sentence, and the court may not:
298          (i) grant probation;
299          (ii) suspend the execution or imposition of the sentence;
300          (iii) enter a judgment for a lower category of offense; or
301          (iv) order hospitalization.
302          (b) The sections referred to in Subsection (5)(a) are:
303          (i) Section 76-4-401, enticing a minor;
304          (ii) Section 76-5-301.1, child kidnapping;
305          (iii) Section 76-5-402, rape;
306          (iv) Section 76-5-402.1, rape of a child;
307          (v) Section 76-5-402.2, object rape;
308          (vi) Section 76-5-402.3, object rape of a child;
309          (vii) [Subsection 76-5-403(2)] Section 76-5-403, forcible sodomy;

310          (viii) Section 76-5-403.1, sodomy on a child;
311          (ix) Section 76-5-404, forcible sexual abuse;
312          (x) Section 76-5-404.1, sexual abuse of a child and Section 76-5-404.3, aggravated
313     sexual abuse of a child;
314          (xi) Section 76-5-405, aggravated sexual assault;
315          (xii) Section 76-5-308.5, human trafficking of a child;
316          (xiii) any offense in any other state or federal jurisdiction [which] that constitutes or
317     would constitute a crime in Subsections (5)(b)(i) through (xii); or
318          (xiv) the attempt, solicitation, or conspiracy to commit any of the offenses in
319     Subsections (5)(b)(i) through (xiii).
320          Section 5. Section 77-41-106 is amended to read:
321          77-41-106. Registerable offenses.
322          Offenses referred to in Subsection 77-41-105(3)(c)(i) are:
323          (1) any offense listed in Subsection 77-41-102(9) or (17) if, at the time of the
324     conviction, the offender has previously been convicted of an offense listed in Subsection
325     77-41-102(9) or (17) or has previously been required to register as a sex offender for an offense
326     committed as a juvenile;
327          (2) a conviction for any of the following offenses, including attempting, soliciting, or
328     conspiring to commit any felony of:
329          (a) Section 76-5-301.1, child kidnapping, except if the offender is a natural parent of
330     the victim;
331          (b) Section 76-5-402, rape;
332          (c) Section 76-5-402.1, rape of a child;
333          (d) Section 76-5-402.2, object rape;
334          (e) Section 76-5-402.3, object rape of a child;
335          (f) Section 76-5-403.1, sodomy on a child;
336          (g) Section 76-5-404.3, aggravated sexual abuse of a child; or
337          (h) Section 76-5-405, aggravated sexual assault;

338          (3) Section 76-5-308.1, human trafficking for sexual exploitation;
339          (4) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
340          (5) Section 76-5-310, aggravated human trafficking for sexual exploitation;
341          (6) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
342          (7) Section 76-4-401, a felony violation of enticing a minor [over the Internet];
343          (8) Section 76-5-302, aggravated kidnapping, except if the offender is a natural parent
344     of the victim;
345          (9) Section 76-5-403, forcible sodomy;
346          (10) Section 76-5-404.1, sexual abuse of a child;
347          (11) Section 76-5b-201, sexual exploitation of a minor;
348          (12) Section 76-5b-201.1, aggravated sexual exploitation of a minor;
349          (13) Subsection 76-5b-204(2)(b), aggravated sexual extortion; or
350          (14) Section 76-10-1306, aggravated exploitation of prostitution, on or after May 10,
351     2011.